National Green Tribunal
Kasala Venkata Reddy vs State Of Andhra Pradesh on 20 April, 2022
Bench: Adarsh Kumar Goel, K. Ramakrishnan, Satyagopal Korlapati
Item Nos. 01 to 14 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
SPECIAL BENCH
(By Video Conferencing)
Original Application No. 69/2013(SZ)
Kasala Malla Reddy & Ors. Applicant(s)
Versus
State of Telangana & Ors. Respondent(s)
With
Original Application No. 70/2013 (SZ)(THC)
(WP No. 3159 of 1996 AP High Court)
K. Ashok Reddy & 47 Ors. Applicant(s)
Versus
State of Telangana Rep. by its Chief Secy.,
Hyderabad & Ors. Respondent(s)
With
Original Application No. 71/2013 (SZ)(THC)
(WP No. 3160 of 1996 AP High Court)
S. Yadava Reddy & 21 Ors. Applicant(s)
Versus
State of Telangana Rep. by its Chief Secy.,
Hyderabad & Ors. Respondent(s)
With
Original Application No. 72/2013 (SZ)(THC)
(WP No. 3161 of 1996 AP High Court)
Narasapuram Anjaiah & 13 Ors. Applicant(s)
Versus
State of Telangana Rep. by Chief Secy.,
Hyderabad & Ors. Respondent(s)
1
With
Original Application No. 86/2013(SZ)(THC)
(WP No. 18074 of 2002 AP High Court)
Chandra Mohan Agarwal, Medak District Applicant
Versus
The State of Telangana through its Chief Secretary,
Hyderabad & Ors. Respondent(s)
With
Original Application No. 87/2013 (SZ) (THC)
(WP No. 18088 of 2002 AP High Court)
Anand Mohan Agarwal, Medak District Applicant
Versus
The State of Telangana through its Chief Secretary,
Hyderabad & Ors. Respondent(s)
With
Original Application No. 88/2013 (SZ) (THC)
(WP No. 18163 of 2002 AP High Court)
Manohar Agarwal Medak District Applicant
Versus
The State of Telangana, through its Chief Secretary,
Hyderabad & Ors. Respondent(s)
With
Original Application No. 89/2013 (SZ) (THC)
(WP No. 18808 of 2002 AP High Court)
Brig Mohan Agarwal Medak District Applicant
Versus
The State of Telangana, through its Chief Secretary,
2
Hyderabad & Ors. Respondent(s)
With
Original Application No. 91/2013 (SZ) (THC)
(WP No. 23534 of 2002 AP High Court)
Dost Mohd. Osman Secundrabad Applicant
Versus
The State of Telangana, through its Chief Secy.,
Hyderabad & Ors. Respondent(s)
With
Original Application No. 82/2013 (SZ) (THC)
(WP No. 15668 of 1997 AP High Court)
Dr. A. Kishan Rao & Ors. Applicant
Versus
The State of Telangana & Ors. Respondent(s)
With
Original Application No. 90/2013(SZ)(THC)
(WP No. 19961 of 2002 AP High Court)
The Indian Council for Envirolegal Action and others Applicant
Versus
Union of India, MoEF & Ors. Respondent(s)
With
Original Application No. 190 2016 (SZ)
M.Chandrasekhar Reddy Borpatta village,
Medak District,Telangana Applicant
Versus
State of Telangana, Rep. by its Chief Secretary to
Government, Hyderabad & 2 Ors. Respondent(s)
With
Original Application No. 192/2016(SZ)
State of Telangana, Rep. by its Chief Secretary to
3
Government, Hyderabad & 2 Ors. Applicant
Versus
State of Telangana, Rep. by its Chief Secretary to
Government, Hyderabad & 2 Ors. Respondent(s)
With
M.A. No. 5/2021(SZ)
In
Original Application No. 90/2013(SZ)
Asian Paints Ltd, Patencheru Dist, Telangana State Applicant
Versus
State of Telangana, Rep.by its Principal Secretary
E.F.S & T Dept, Hyderabad & Ors. Respondent(s)
(to consider the reports filed by the State of AP regarding status of
compliance of order of this Tribunal dated 24.10.2017 and prayer in
MA 5/2021 seeking clarification of the said order of the Tribunal)
Date of hearing: 20.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant(s): M/s.Sarvabhauman Associates Aishwariya. S & Sam Jayaraj
Houston rep by Bindiya Raichura in M.A. No. 5/2021
Respondent(s): Smt. H.Yasmeen Ali for R1 & R2
M/s. Sai Krishnan, Advocate for R-3
ORDER
Introductory
1. Present proceedings are offshoot of order of this Tribunal dated 24.10.2017 disposing of a group of OAs, lead OA being 69/2013 seeking directions for stopping violation of environmental norms by pharma industries and making them accountable for past violations.
4Procedural History
2. The issue raised before this Tribunal has chequered history.
Grievance started in the year 1989 by way of writ petitions before the Hon'ble Supreme Court that 224 industrial units in Medak, Ranga Reddy Mahaboobnagar and Nalgonda Districts of Andhra Pradesh were causing water pollution due to discharge of toxic industrial effluents. In some of the villages wholesome drinking water was not available. The Hon'ble Supreme Court dealt with the matter initially and directed the concerned authorities to take remedial action to check pollution and supply of potable water to the affected villages. Later, the proceedings were transferred to the Andhra Pradesh High Court vide order dated 10.10.2001. The Andhra Pradesh High Court transferred the matters to the Tribunal vide order dated 12.02.2013 which were registered before the Tribunal as O.A. Nos.
69/2013, 70/2013, 71/2013, 72/2013, 86/2013, 87/2013, 88/2013, 89/2013, 91/2013, 82/2013 and 90/2013.
Final order of the Tribunal dated 24.10.2017
3. The said applications were disposed of by the Tribunal vide order dated 24.10.2017. The Tribunal considered the record in terms of study reports and rival stands of the parties. The Tribunal framed following questions for consideration:-
"1. Whether the impleadment of respondents in the Tribunal after transfer by Supreme Court to the High Court of Andhra Pradesh and the High Court of Andhra Pradesh to this Tribunal will be affected by Doctrine of Res judicata and principles of Dominus litis and whether it will amount to introduction of fresh cause of action barred by limitation and principles of delay and latches?
2. Whether the treated effluent discharged by the CETPs can be allowed to be taken to Amberpet STP and mix it with domestic sewage before treating and letting into Musi river? Whether there is 5 any violation of hazardous waste rules and Basel Convention on dealing with hazardous waste in transporting to 18 km?
3. Whether any groundwater study is required in the affected region which forms part of Manjira river basin particularly in the vicinity of various lakes/tanks and drains which lead to Nakkavagu including Kazipally lake, Isnapur lake, Asanikunta tank, Kistareddypet tank, Gandigudem tank and what steps have been taken so far to remediate the water bodies and to ensure free flow of water and at whose cost and what directions are required to be given and whether the industrial units in Patancheru and Bollaram should be permitted to extract groundwater for their industrial use?
4. Whether the supply of potable water is to be continued to the affected farmers?
5. Whether the compensation paid to the affected farmers is adequate if not, how much compensation needs to be paid and up to what period?
6. Whether the affected parties are to be paid compensation for the health hazard, if caused, by the pollution of industries in the area in addition to compensation paid for loss of crops?
7. Whether the pollution caused by the pharmaceutical industries has led to any microbial resistance to drugs with serious consequences on health of the people and whether any survey is to be conducted in this regard?
8. Whether it is required to conduct health and epidemiological survey of the affected population and any further remediation measures are required like establishment of geo chemical or super specialty hospital for diagnosis and treatment for pollution induced diseases?
9. Whether the industrial units situated in Patancheru and Bollaram are to be closed till restoration of environment both water, air and land is fully completed? Whether the units can be permitted to be considered for expansion of their activities on the ground that as on date there is "Zero Liquid Discharge" and whether the existing CETPs will takecare the treatment of effluents generated by the units or whether individual units should have their own in-situ ETPs?
10.Whether the government of India should be directed to invoke Section 3 of the Environment (Protection) Act, 1986 on the lines of Loss of Ecology (payment of Compensation) Authority in Tamil Nadu to receive claim petitions from affected persons and pass orders to the Pharma units to pay compensation?6
11.Whether Government of India should be directed to constitute various committees to study and monitor the implementation of directions given?
12.Whether on the facts and circumstances of this case in addition to the compensation having been paid for the loss of crops, whether industries at Patancheru and Bollaram are liable under Polluter Pays?
13.Whether any directions to be given to create corpus fund, if so, how much? How to apportion among the units? How and what purpose the fund will be utilised? Who will maintain the account?
14.What are required to be done under CSR?
15.What directions can be given on the audit report for the period ending with March 2014 and also CAG report which found shortcomings?
16.Whether any further directions are required for the functioning of Jeedimetla Effluent Treatment Plant?"
4. The findings recorded by the Tribunal briefly are that bar of res judicata and dominus litis was not applicable so as to debar the Tribunal from considering the matter in view of earlier consideration having been by Hon'ble Supreme Court. There was no bar to treated effluent being transported without certain permissions. The pollution had continued, as found in various studies, which necessitated that arrangement for potable drinking water supplied to the affected farmers continues at the cost of the State, which could be recovered from the erring industrial units. There was also need for remedial action for restoration of environment, particularly the water bodies and also need for medical care to inhabitants.
The affected parties were entitled to compensation for damage to agricultural lands. On the issue of adequacy of compensation, the Tribunal directed constitution of Expert Committee by the State of Telangana and further action by the State in the light of recommendations of the Committee. The Tribunal held that there was need to establish the super 7 specialty hospitals with medical facilities for which 75% cost was to be borne by the industrial units in the area and the remaining by the State.
However, instead of closure, the units were required to mitigate the pollution and to contribute for meeting cost of restoration of environment.
The industrial units were required to contribute 0.5% of their annual turnover on 'Polluter Pays' principle, which was to be 1% for units seeking expansion. Direction for constituting an Authority under Section 3(3) of the Environment (Protection) Act, 1986 was not necessary but it was open to the Central Government to do so. The Tribunal also held that compliance of Corporate Social Responsibility (CSR) as per provision of the Companies Act, 2013, was required, apart from liability on polluter pays principle. The directions were summed up as follows:-
"244. Accordingly, all the applications are disposed as per the directions contained in the judgment which are given in nutshell as follows:
(1) By impleadment of various respondents during the pendency before the Tribunal after transfer from the High Court it does not affect either by the principle of res judicata or dominus litis, as the proceedings ever since initiated in the Hon'ble Supreme Court, has continued throughout while transferred to the Hon'ble High Court of Andhra Pradesh and thereafter to this Tribunal and therefore there is no question of introduction of any fresh cause of action or any of the reliefs either barred by limitation or struck by delay or latches.
(2) The transport of treated effluents from CETP for 18 KM to Amberpet STP for dilution and thereafter letting into Musi River need not be interfered at this stage and there is no violation of Hazardous Waste Rules or Basel Convention.
(3) Even after the passage of decades there is no significant improvement in the groundwater quality particularly in the Manjira River Basin with specific reference to Kazipally Lake, Isnapur Lake, Kistareddypet Lake and Gandigudem Lake which ultimately lead to Nakkavagu and therefore it is incumbent on the part of the State Government to completely restore all these water bodies to their 8 original position and recover the entire cost from the industrial units proportionately. Until complete restoration of the said tanks/lakes is done, the drawal of water by the industries shall be restricted by the Government by framing appropriate guidelines in consultation with the Central Groundwater Authority and Expert from Osmania University, particularly Department of Hydrology. Framing of such guidelines regarding extraction of groundwater by the industrial units of Patancheru and Bollaram shall be completed within a period of three months and till then no unit shall be permitted to extract groundwater and the periodical report shall be filed by the State of Telangana to the Registry of NGT (SZ) once in six months, the first of such report shall be filed on or before 26th April, 2018 and the Registry shall place the said report before the Tribunal for passing appropriate direction. It is the duty of the Board not only to ensure primary treatment by every unit but also must satisfy that the standard of effluent discharged by each industrial unit, after primary treatment to PETL, is within the permissible limit and the PETL maintains its inlet and outlet standards and only after the Board is satisfied that the outlet standard of PETL is within the limits prescribed by the Board and also eligible to be transported for further dilution in the STP at Amberpet and only then transporting shall be permitted. During transport it should be ensured that no breakage or leakage takes place enroute and at the place of discharge in the STP at Amberpet the outlet standards must be checked by the Board and satisfy that it is allowed to enter into the STP for further dilution. After dilution from STP at the point of discharge into Musi river proper check must be made by the Board to ensure the standard.
(4) The arrangement of supply of drinking water of adequate quality and quantity to the Villages of (1) Baithole (2) Arutla (3) Chidruppa (4) Ismailkhanpet (5) Gandigudem (6) Sulthapur (7) Khazipalli (8) Kistareddypet (9) Inole (1) Peddakanjarla (11) Patancheru (12) Lakdaram (13) Muthanghi (14) Isnapur (15) Kandi (16) Rudraram (17) Ramchandrapuram (18) Kalabgoor (19) Chitkul (20) Pocharam shall be continued by the State Governent which shall be entitled to recover the cost thereof from the industrial units proportionately. The said activity shall be done by the Government through the Hyderabad Metropolitan Water Supply and Sewerage Board until complete restoration of the lakes.9
(5) The shortcoming pointed out by the report of CAG of March, 2014 shall be rectified and periodical status report filed.
(6) For the period from 1986 - 1987 till 2001 - 2002 the villagers are entitled to compensation at the rate of Rs.1,000 per acre per annum in respect of dry land and Rs.1,700 per acre per annum in respect of wet agricultural land.
(7) In so far as it relates to the claim of applicants in Application Nos.69 to 72 of 2013, regarding Survey Nos.345 and 346 of Chidruppa Village, compensation shall be paid to the claimants/legal heirs till 2001 - 2002.
(8) There is no need to either reverse the quantum of compensation or to continue payment of compensation after 2001 - 2002 except in respect of specific cases of claim of compensation which will be decided on merits and in accordance with law.
(9) The State Government shall constitute an Expert Committee headed by the Director of Medical Education along with Experts drawn from various fields like Infectious Diseases, Dermatology etc., and Scientists well versed in Microbial Resistance and Epidemiology to make a thorough study in all the villages forming part of Manjira River basin in and around Nakkavagu and other water bodies and also Musi River Basin to recommend:
(i) As to whether the health hazard of the people living in the area due to the industrial pollution continues and if so, what relief should be granted?
(ii) Whether the activities of the pharmaceutical industries have led to Antimicrobial Resistance to drugs and if so, what are the consequences on the health of the people and the remedial measures to be taken?
(iii) A broad Epidemiological and Genetic Study and survey to be made including remedial measures to be taken.
The said committee shall be constituted by the State Government within a period of two weeks from the date of receipt of copy of this judgment and the committee shall be directed to submit its report within three months thereafter and recommendations of the committee shall be implemented by the Government and status report regarding implementation to be filed periodically before this Tribunal once in six months.
10The report of the committee and the status of implementation shall also be placed in the public domain by uploading on the website of the Director of Medical Education and Health and Family Welfare Department of Government of Telangana.
(10) In the light of our findings that no adequate health facilities are available in the area, we direct the Government of Telangana to establish a Government Super Specialty Hospital with adequate medical facilities to treat all sorts of occupational diseases for which the industrial establishments situated in the industrial hub shall contribute 75% of the total cost and the remaining amount to be contributed by the State Government. Such hospital shall be run under the supervision of the committee of Medical Experts and also involving Senior Government Officers connected with the Health Department.
(11) There is no necessity to direct closure of the existing industrial units in Patancheru and Bollaram. However, unless and until restoration activities are completed the Regulatory Authority shall not consider any of the applications of the existing units for expansion. However, in the event of the Regulatory Authority deciding that expansion in respect of a particular unit is required in public interest, such proposal may be considered not only strictly in accordance with the provisions of the Act and only after satisfying that the unit is showing ZLD but subject to further condition that the said unit shall be directed to deposit an amount equivalent to 1% of the annual turnover in the previous year and such amount shall be kept in a separate account in the name of "Patancheru - Bollaram Environment Relief Fund" and only after the deposit of the said amount, the claim for expansion may be considered.
(12) All the existing units shall have their primary effluent treatment system inside the unit, whether they are members of CETP or not and the same has to be scrupulously enforced by the Regulatory Authority.
(13) We direct creation of a Corpus Fund in the name of "Patancheru and Bollaram Environment Relief Fund" which shall consist of deposit of minimum 1% of the annual turnover in respect of the claim for expansion if it is considered by the Regulatory Authority and contribution of all the industrial units situated in Patancheru and Bollaram an amount of 0.5% of the annual turnover of the previous year and the contribution shall be continued till complete restoration of the entire affected area and after the Tribunal passes appropriate orders. The said Corpus Fund shall be operated 11 jointly by the Chief Secretary of the Government of Telangana and the Chairman of the Telangana State Pollution Control Board and the amount shall be utilized for restoration of environment in the entire affected area and as per the decision taken by the committee comprising of (1) The Chief Secretary to Government of Telangana (2) The Secretary to Government Environment and Forest Department (3) The Secretary to Government, Irrigation and Water Resources Department (4) The Secretary to Government, Industries Department (5) The Secretary to Government, Panchayati Raj Department (6) One Environmental Scientist from Osmania University, to be nominated by the Vice-Chancellor (7) One representative of a prominent NGO in Telangana involved in Environmental Awareness Programmes (8) One representative of BDMAI, preferably its President (9) The Chairman of the Telangana State Pollution Control Board who shall act as the Convener.
The contribution as stated above as 'Patancheru - Bollaram Environment Relief Fund' is independent of the payment directed against the units under 'polluter pays' principle or contribution of amount by the units for the establishment of Super Specialty Hospital.
(14) At present there is no necessity for any direction against any of the units to pay any amount under 'polluter pays' principle except leaving it to the authority to invoke the same in appropriate cases.
(15) On the factual matrix of the case, there is no necessity for appointment of any permanent authority by the Central Government by invoking powers under Section 3 of the Environment (Protection) Act, 1986. However, it is open to the Central Government to appoint any such authority for supervising and implementing various directions given in the judgment since the directions are already existing directions from various authorities and are continuing process.
12(16) CSR of the units as governed under the Companies Act, 2013 are independent of various directions contained in this judgment including setting up of a Super Specialty Hospital, amounts to be contributed for restoration etc. (17) There are no further directions required for functioning of Jeedimetla Effluent Treatment Plant (JETL) and the same is discharged, except directing the Board to make continuous monitoring of the function of JETL and ensure that the directions given by the Hon'ble Supreme Court dated 10.11.1999 to JETL are scrupulously followed."
Scope of today's proceedings
5. In pursuance of above, the State PCB has filed eight periodical reports about the compliance status. Vide order dated 23.12.2021, the Tribunal observed that it could suffice if only 8th report being the latest is considered to determine further course of action. It was noted that non-
compliance of the directions was continuing, particularly with regard to water quality of the water bodies. The report did not give complete picture of utilisation of funds and measures taken. The matter was deferred for further consideration. Accordingly, we propose and finalise this aspect and issue such further directions as emerge from further discussion so as to dispose of shown as items. 1 to 13 in today's list. Second aspect for consideration is item 14, which is M.A. No. 05/2021 filed by Asian Paints Ltd. Patencheru District, seeking clarification/ direction that the State PCB should consider the said unit different from other units in the matter of requiring contribution to be made to the corporate fund in terms judgment of this Tribunal as the said unit had set up ETP as noted in para 90 of judgement dated 24.10.2017, while others had not done so. Vide order dated 24.08.2021, the Tribunal sought response from the State PCB.
The Telangana State PCB has filed reply filed opposing the prayer. We have to take a decision on consideration of the rival submissions.
13Consideration, finding and further orders
6. We have duly considered the issues relevant for today's orders. It is clear from the operative part of the order dated 24.10.2017 that the Tribunal found huge violations and damage to the environment and health. This resulted in directions for restoration of water bodies which were damaged, giving compensation for damage to the fields and setting up of medical facilities. The Tribunal also directed setting up of a corpus fund to be collected from industries in the area, which had contributed to the pollution so as to recover cost of restoration.
7. Eighth periodical report about compliance status is reproduced below:
8th PERIODICAL REPORT (APRIL 2021 - SEPTEMBER 2021) OF TELANGANA STATE POLLUTION CONTROL BOARD (TSPCB) IN APPLICATION Nos. 69 TO 72 OF 2013 & BATCH CASES [PATANCHERU POLLUTION BATCH CASES] The Hon'ble National Green Tribunal (NGT), Southern Zone, Chennai vide Judgment dated 24.10.2017 has disposed the Application Nos. 69 to 72, 82, 86 to 91 of 2013 and Application Nos. 190 of 2016 & 192 of 2016.
The Hon'ble NGT issued certain directions to the Government of Telangana and to the Telangana State Pollution Control Board (TSPCB). The directions contained in the Judgment are given in nutshell by Hon'ble NGT at para 244 of the Judgment.
The Hon'ble NGT directed the State of Telangana to file periodical reports to the Registry of NGT once in six months and the Registry shall place such report before the Tribunal for passing appropriate directions.
As per the above directions, the Board has filed the 1st periodical report on 26,04.2018, 2nd periodical report on 15.12.2018, 3rd periodical report on 26.06.2019, 4th periodical report on 30.11.2019, periodical report on 22.08.2020, 6th periodical report on 24.11.2020 and 7th periodical report on 14.07.2021 before the Hon'ble NGT.
FOLLOW-UP ACTION IN APPLICATION Nos. 69 TO 72 OF 2013 & BATCH CASES I-PATANCHERU POLLUTION BATCH CASEST 14 The following is the compliance on the directions issued by Hon'ble NGT at para 244 of the Judgment: -
Para No. 226: Providing Online Effluent Monitoring Systems:
"We also direct that in respect of the existing units, the Board must ensure that all the units are connected with online effluent and emission monitoring system enabling the Board to monitor the primary treatment level inside the unit's premises and ultimately even when the treatment takes place at CETP, The mechanism for online monitoring would enable the Board to continuously monitor the standards of effluents at every point of discharge. When once the online monitoring is effected, the same has to be monitored by the Board regularly and take appropriate action wherever defects are found out".
Compliance:
It is respectfully submitted that as per the directions of Central Pollution Control Board (CPCB), all the 17 categories of highly polluting industries were directed to install Online Pollution Monitoring Systems (CC camera, online flow meter & systems to measure the effluent parameters) for their ETPs and the data connected to TSPCB & CPCB servers. All the 17 category of industries installed Online Pollution Monitoring System (OPMS) and the data is connected to TSPCB & 'CPCB servers. The Board has installed separate server for collecting the monitoring data, with SMS alert facility, whenever the parameters are exceeding the standards.
All the effluent carrying tankers were enforced to have GPS tracking devices and are connected to Board's GPS tracking system to avoid illegal dumping. The Board implemented online manifest system for the CETPs.
The Board constituted night patrolling teams to monitor the illegal movement of tankers during the odd hours. The Board, also constituted day patrolling teams during the monsoon season to check illegal discharges into natural drains and nallahs.
Rolling Task Force teams are constituted on specific complaints with senior technical & scientific staff to have transparency in verification and also for the immediate action on polluting industries.
There are 117 numbers of 17 category industries located in the Manjeera Basin as per the operative guidelines issued by the Board. Out of the total industries, 108 industries have installed online monitoring system and balance 09 other units have become sick. The same is enclosed as Annexure-I. Direction No.1:
"By impleadment of various respondents during the pendency before the Tribunal after transfer from the High Court it does not 15 affect either by the principle of res judicata or dominus litis, as the proceedings ever since initiated in the Hon'ble Supreme Court, has continued throughout While 'transferred to the Hon'ble High Court of Andhra Pradesh and thereafter to this Tribunal and therefore there is no question of introduction of any fresh cause of action or any of the reliefs either barred by limitation or struck by delay or latches".
Compliance: N.A. Direction No. 2:
"The transport of treated effluents from CETP for 18 KM to Amberpet STP for dilution and thereafter letting into Musi River need not be interfered at this stage and there is no violation of Hazardous Waste Rules or Basel Convention".
Compliance: N.A. Direction No.3: A. Restoration of water bodies:
"Even after the passage of decades there is no significant improvement in the groundwater quality particularly in the I Manjira River Basin with specific reference to Kazipally Lake, Isnapur Lake, 'Kistareddypet Lake and Gandigudem Lake which ultimately lead to Nakkavagu and therefore it is incumbent on the part of the State Government to completely restore all these water bodies to their original position and recover the entire cost from the industrial units proportionately".
Compliance:
> The Board along with IIT, Hyderabad has carried out extensive sampling of water quality, depth sediment and ground water. As per the suggestions of IIT Hyderabad, the following were taken up.
1. Flow measurements of the 5 lakes and Nakkavagu
2. Bathymetry survey of 5 lakes and Nakkavagu
3. Collection of water samples from 5 lakes and Nakkavagu to analyse Core Parameters, Heavy metals and Organics.
4. Collection of sediment samples (depth - 3 Mtrs) as per HMW Rules for 5 lakes and Nakkavagu to analyse Core Parameters, Heavy metals and Organics.
> Based on the analysis data, IIT, Hyderabad recommended for construction of an ETP at the upstream of Khazipally Lake for the seepages from the industrial Estate of Khazipally and Gaddapotharam. Further, suggested to carryout de-sludging of the contaminated Sludge from the Asanikunta tank.
Remediation of Asani Kunta Lake 16 > Irrigation Department, vide letter dated: 13.09.2021 submitted estimates for Dredging (removal) of contaminated sediments from the lake bed, sluice and feeder channel for an amount of Rs.173.00 Lakhs.
> The estimated quantity of sediments is 30,387 MT, it is proposed to send the same to TSDF facility or alternately to the Cement Plants for processing.
Remediation of Khazibally lake:
Model Industrial Association, Kazipally, was requested to prepare detailed DPRs for construction of ETP at upstream of Khazipally Lake (Khazipally sump) and the same are under preparation.
Initiatives taken by the Board:
The Board has taken several measures to control discharges into the Lakes.
32 cameras have been provided at various locations in IDA Gaddapotharam and Khazipally.
7 barricades have been provided with security persons to control any unauthorized movement of vehicles carrying wastes.
Night Patrolling teams have been deputed by the Head Office for continuous monitoring of IEs during the night times. In addition to the Night Patrolling teams, Special Teams have been formed by the TSPCB, ZO, RC Puram for continuous monitoring of IEs during day time.
Further, based on the study conducted by National Geophysical Research Institute (NGRI)-CSIR, the industries in IDA Gaddapotharam & Khazipally have taken the following measures to control the seepages.
Concrete flooring First run off rain water collection tanks
II.Constitution of the Committee for effective implementation of the directions of the Hon'ble NGT, Chennai regarding restoration of Lakes:
The Hon'ble NGT vide para no 176 directed the State Government to constitute a Team consisting of Experts from the field of Hydrology, Environmental Engineering, Pollution Control Board and Central Ground Water Authority for effectively implementing the directions regarding restoration of Lakes.
The relevant extract of the Hon'ble NGT (para 176) is as follows: -
"176. In so far as the implementation of remedial measures, we are of the considered view that various reports periodically submitted by the authorities, as referred to in this judgment are 17 sufficient if they are implemented scrupulously. However, to our dismay, we found that there has been no concrete step taken and no one of the said recommendations have been implemented.
Therefore, we direct the Government of Telangana to effectively implement all the recommendations and directions given by various committees and complete the process of implementation within a period of six months from the date of receipt of a copy of this judgment. We make it clear that for effective implementation, the State Government shall constitute a Team, consisting of Experts from the field of Hydrology, Environmental Engineering, Pollution Control Board and Central Ground Water Authority. The constitution of such committee shall be completed within a period of 30 days from the date of receipt of the copy of this judgment and ToR to the Committee in the light of various recommendations shall be' formulated by the Government and follow up action must be taken to see that the remediation process is completed within a period of six months from the date of receipt of copy of this judgment".
Compliance:
The I&CAD Dept., Govt. of Telangana issued GO vide GO Rt No. 575 dated 07.04.2018 constituted the Committee with Experts for effective implementation of the directions of the Hon'ble NGT, Chennai regarding restoration of Lakes duly specifying ToRs for the Committee.
The Board vide letter dated 10.04.2018 has communicated the copy of the GO to all the Members of the Committee and requested the Chief Engineer, Minor Irrigation (Krishna Basin), Hyderabad to take necessary action in the matter.
The Expert Committee constituted by the Government shall oversee the implementation of restoration of lakes once the restoration works are commenced.
B. Restriction on extraction of ground water by industrial units & framing of appropriate guidelines by the Government:
"Until complete restoration of the said tanks / lakes is done, the drawal of water by the industries shall be restricted by the Government by framing appropriate guidelines in consultation with the Central Groundwater Authority and Expert from Osmania University, particularly Department of Hydrology. Framing of such guidelines regarding extraction of groundwater by the industrial units of Patancheru and Bollaram shall be completed within a period of three months and till then no unit shall be permitted to extract groundwater and the periodical report shall be filed by the State of Telangana to the Registry of NGT (SZ) once in six months, the first of such report shall be filed on or before 26th April, 2018 and the Registry shall place the said report before the Tribunal for passing appropriate direction".
Compliance:
18I&CAD Dept. vide Memo dated 03.03.2018 framed guidelines for extractions of ground water by industrial units,
1. The industries should fully treat, recycle and reuse the waste water generated.
2. The industry shall minimize the usage of groundwater by adopting proper treatment and reuse practices.
3. In IDAs, the withdrawal of groundwater may be permitted subject to the condition of undertaking of appropriate groundwater recharge measures in their premises or in IDA.
4. Each industry shall-take all measures to adopt artificial recharge in areas.
5. Each industry may have one piezometer well and water levels and water quality shall be monitored regularly.
The same are being implementing by the State Ground Water Dept & District Collector, Sangareddy.
C. Ensuring Primary Treatment by Member Industries of PETL, Compliance of inlet & outlet standards by PETL and Compliance of standards by STP, Amberpet:
"It is the duty of the Board not only to ensure primary treatment by every unit but also must satisfy that the standard of effluent discharged by each industrial unit, after primary treatment ,to PETL, is within the permissible limit and the PETL maintains its inlet and outlet standards and only after the Board is satisfied that the outlet standard of PETL is within the limits prescribed by the Board and also eligible to be transported for further dilution in the STP at Amberpet and only then transporting shall be permitted. During transport it should be ensured that no breakage or leakage takes place en-route and at the place of discharge in the STP at Amberpet the outlet standards must be checked by the Board and satisfy that it is allowed to enter into the STP for further dilution. After dilution from STP at the point of discharge into Musi river proper check must be made by the Board to ensure the standard".
Compliance:
i. Establishment of Primary ETPs / ETPs:
Primary treatment of effluents by the industries before sending to CETPs. The Board is ensuring that the primary treatment is done by the member units of PETL by regularly monitoring the outlet of primary ETP of the industries and also at inlet of PETL. Further, PETL is also monitoring the effluent tankers of all the member units and rejecting the tankers whose effluent quality does not meet the inlet standards of PETL.
ii. Monitoring of inlet & outlet of PETL, Patancheru:
Inlet of PETL: The half yearly average analysis results of inlet of M/s. PETL, pertaining to the parameters of effluents viz., pH, TDIS, COD, Ammonical Nitrogen, Oil & Grease and Boron for the period 19 from April 2021 to September 2021 are meeting the standards prescribed by the Board.
Outlet of PETL: The half yearly average analysis results of outlet of M/s. PETL, pertaining to the parameters of effluents viz., pH, TSS, TDIS, COD, BOD, Ammonical Nitrogen, Oil & Grease and Boron for the period from April 2021 to September 2021are meeting the standards prescribed by the Board.
The half yearly Average Analysis results statement of inlet and outlet of PETL for the period from April 2021 to September 2021are enclosed as Annexure - II.
During the period from April 2021 to September 2021, PETL has not rejected any effluent tankers (Annexure -III).
Monitoring of STP, Amberpet:
The treated effluents from PETL are discharged through 18 KM (actual 22 Kms) pipeline and K&S Duplicate Main of HMWS&S,B for further treatment in the STP, Amberpet. The Board is regularly monitoring the STP Amberpet. Analysis reports for the period from April 2021 to September 2021, indicate all parameters meeting the inland surface water standards (Annexure-IV).
Monitoring of surface water quality in Nakkavagu Basin:
The Board is regularly monitoring surface water in Nakkavagu Basin at various locations till the confluence of Nakkavagu with River Manjeera. The analysis reports indicate water quality varying from Class - D to Class -B along the stretch.
The locations along with the quality of surface water at these locations as per water quality criteria issued by CPCB based on analysis reports of water quality in Nakkavagu Basin for the period from April 2021 to September 2021 is as follows: -
i. Isukavagu at Culvert on Patancheru - Kistareddypet Road -
Class ID'.
ii. Water quality of Isukavagu at upstream of PETL, Pocharam -
Class "D".
iii. Water quality of Isukavagu at downstream of PETL, Pocharam - Class ID".
iv. Nakkavagu before confluence point with' Isukavagu near Muthangi Bridge (upstream of confluence point with Isukuvagu) - Class ID'.
v. Water quality of Nakkavagu at Bachugudem - Class ID'. vi. Water quality of Nakkavagu at Ismailkhanpet - Class 'D'. vii. Nakkavagu before confluence with River Manjeera at Gowdicherla - Class 'D'.
viii. Manjeera River at Chintakunta Bridge, Chintakunta (V) -
Class 1B'.
viii. Water quality of Manjeera River at Gowdicherla before confluence point with Nakkavagu - Class `B'. ix. Water quality of Manjeera River at Gowdicherla after confluence point with Nakkavagu - Class `B'.20
The analysis results of water quality in Nakkavagu basin is enclosed as Annexure-V. CPCB Water Quality Criteria:
Class 'A' - Drinking Water Source without conventional treatment but after disinfection.
Class 'B' Outdoor bathing (organized).
Class `C' -- Drinking water source after conventional treatment and disinfection.
Class 'D' -- Propagation of Wildlife and Fisheries. Class `E' -- Irrigation, Industrial Cooling, Controlled waste disposal.
Below 'E'-- Not meeting A, B, C, D & E Criteria. The water quality of River Manjeera at Gowdicherla after confluence with Nakkavagu is under Class 'B' as per the CPCB Water Quality Criteria.
Direction No.4:
"The arrangement of supply of drinking water of adequate quality and quantity to the Villages of (1) Baithole (2) Arutla (3) Chidruppa (4) Ismailkhanpet (5) Gandigudem (6) Sulthapur (7) Khazipalli (8) Kistareddypet (9) Inole (1) Peddakanjarla (11) Patancheru (12) Lakdaram (13) Muthanghi (14) Isnapur (15) Kandi (16) Rudraram (17) Ramchandrapui-am (18) Kalabgoor (19) Chitkul (20) Pocharam shall be continued by the State Government which shall be entitled to recover the cost thereof from the industrial units proportionately. The said activity shall be done by the Government through the Hyderabad Metropolitan Water Supply and Sewerage Board until complete restoration of the lakes".
Compliance:
i. Drinking water is being supplied to the following 20 villages and 2 hamlets in Sangareddy District: -
(1) Kalabgoor, (2) Kandi, (3) Rudraram, (4) Lakdaram, (5) Muthangi, (6)Chitkul, (7) Isnapur, (8) Pocharam, (9) Ganapathiguda, Hamlet of Pocharam (10)Gandiguda, (11)Bachuguda, Hamlet of Pocharam (12) Inole, (13)Peddakanjarla, (14) Byathole, (15) Arutla, (16)Chidruppa, (17) Ismailkhanpet, (18) Khazipally, (19).Kistareddypet, (20) Sulthanpur, (21) Patancheru and (22) Ramachandrapuram.
ii. The drinking water is being supplied by, the Mission Bhagiratha (MB) for the villages at SI.No. 1 to 18.
iii. M/s. HMWS&SB has been supplying drinking water to four habitations, SI.No. 19 to 22.
The letter received from the Executive Engineer, MB Grid Division, Sangareddy dated 22.10.2021 and HMWS&SB statement dated 22.10.2021 showing the water supply 21 to the villagers for the period from April 2021 to September 2021 is enclosed as Annexure - VI.
iv. Monitoring of Ground water in Nakkavagu Basin:
v.
The Board is quarterly monitoring the ground water in the surrounding villages of Nakkavagu Basin for drinking water parameters since 2001, as per IS 10500 1991 (revised IS 10500 2012) to ascertain the quality of ground water. The data for the period from April 2021 to September 2021 is enclosed as Annexure
--VII.
S. Bore well location Inference
No (APRIL '2021 -- SEPTEMBER `2021)
1 Muthangi village All the parameters are within the prescribed
standards in the month of April-2021 & July-
2021.
2 Inole village All the parameters are within the prescribed standards in the month of April-2021 & July- 2021.
3 Kistareddypet village All the parameters are within the prescribed standards except Total Hardness in the month of April-2021 & July-2021.
4 Sultanpur village All the parameters are within the prescribed standards except TDS, Total Hardness, Ca2+, Mg2+ & Lead in the month of April-2021.
All the parameters are within the prescribed standards except TDS, Total Hardness, Ca2+, Mg2+ &'Cl- in the month of July-2021.
5 Bachugudem village All the pqrameters are within the prescribed standards except Total Hardness & Lead in the month of April-2021 & July-2021.
6 Arutla village All the parameters are within the prescribed standards except TDS, Total Hardness, Ca2+, Mg2i- & Lead in the month of April-2021 & July - 2021.
7 Chinnakanjarla village All the parameters are within the prescribed standards in the month of April-2021 & July - 2021.
8 Patancheru village All the parameters are within the prescribed Standards except Total Hardness in the month of April-2021 & July -2021.
9 Peddakanjarla village All the parameters are within the prescribed standards in the month of April-2021.
All the parameters are within the prescribed standards except Iron in the month of July 2021. 10 Pocharam village Ail the parameters are within the prescribed standards in the month of April-2021 & July - 2021.
11 Chitkul village All the parameters are within the prescribed standards except Total Hardness, Mg2+ & Iron in the month of April-2021.
All the parameters are within the prescribed standards except Total Hardness & Iron in the month of July -2021.
12 Baithole village All the parameters are within the prescribed standards in the month of April-2021 & July - 2021.
2213 Kardanoor village All the parameters are within the prescribed standards in the month of April-2021 & July- 2021.
14 Chidrupa village All the parameters are within the prescribed standards except Iron in the month of April 2021 & July-2021.
15 Gandigudem village All the parameters are within the prescribed standards except Total Hardness, Mg2+ & Iron in the month of April -2021 & July-2021.
16 Dayara village All the parameters are within the prescribed standards except Total Hardness & Iron in the month of April -2021 & July-2021.
S. Bore well location Inference No (APRIL `2021 - SEPTEMBER '2021) 17 Ismailkhanpet village All the 1:)rameters are within the prescribed
standards except Total Hardness & Iron in the month of April -2021 & July-2021.
18 Indresam village All the parameters are within the prescribed standards except Iron in the month of April-2021 & July -2021.
19 Bore well near Temple, Sample was not collected
Gundlamachanoor (V), due to motor
Hatnoora (M), Sangareddy pump problem in the month of April-2021 & July -
dist. 2021.
20 Bore well near Cheruvu, All the parameters are within the prescribed
Gundlamachanoor (V), standards except Iron in the month of April-2021
Hatnoora (M), Sangareddy & July-2021.
dist.
21 Bore well within agricultural Sample was not collected as
land near water purifier the Electric
plant, Gundlamachanoor (V), Power was disconnected in the month of April- Hatnoora (M), Sangareddy 2021 & July -2021. dist.
22 Bore well within All the parameters are within the prescribed
agricultural land beside standards except Iron in the month of April-2021
Paraboiled rice mill, & July -2021.
Borapatla (V), Hatnoora (M),
Sangareddy Dist.
23 Bore well beside Lord Shiva All the parameters are within the prescribed
temple, Borapatla (V), standards except Total Hardness & Iron in the
Hatnoora (M), Sangareddy month of April-2021.
dist. All the parameters are within the prescribed
standards except Iron in the month of July - 2021.
The affected villages are being provided with drinking water.
Direction No. 5:
"The shortcoming pointed out by the report of CAG of March, 2014 shall be rectified and periodical status report filed".
Compliance:
The Board has submitted reply to the CAG on the Performance Audit of the Board vide letter dated 28.03.2017.
Direction Nos. 6, 7 & 8:23
"(6) For the period from 1986-1987 till 2061-2002, the villagers are entitled to compensation at the rate of Rs.1,000 per acre per annum in respect of dry land and Rs.1,700 per acre per annum in respect of wet agricultural land.
(7) In so far as it relates to the claim of applicants in Application Nos.69 to 72 of 2013, regarding Survey Nos.345 and 346 of Chidruppa Village, compensation shall be paid to the claimants / legal heirs till 2001-2002.
(8) There is no need to either reverse the quantum of compensation or to continue payment of compensation after 2001-
2002 except in respect of specific cases of claim of compensation which will be decided on merits and in accordance with law".
Compliance:
Crop compensation for the period 1986-1987 to 2000 was collected from the industries and disbursed by the Prl. District & Sessions Judge, Sangareddy, in coordination with District Collector, Sangareddy.
Subsequently, crop compensation for the period 2001-2002 was also collected and disbursed except in the cases where the beneficiaries or legal heirs could not appear before the Court.
Direction No. 9:
Expert Committee on Health Studies:
"The State Government shall constitute an Expert Committee headed by the Director of Medical Education along with Experts drawn from various fields like Infectious Diseases, Dermatology etc., and Scientists well versed in Microbial Resistance and Epidemiology to make a thorough study in all the villages forming part of Manjeera River basin in and around Nakkavagu and other water bodies and also Musi River Basin to recommend:
(i) As to whether the health hazard of the people living in the area due to the industrial pollution continues and if so, what relief should be granted?
(ii) Whether the activities of the pharmaceutical industries have led to Antimicrobial Resistance to drugs and if so, what are the consequences on the health of the people and the remedial measures to be taken?
(iii) A broad Epidemiological and Genetic Study and survey to be made including remedial measures to be taken.
The said committee shall be constituted by the State Government within a period of two weeks from the date of receipt of copy of this judgment and the committee shall be directed to submit its report within three months thereafter and recommendations of the committee shall be implemented by the Government and status report regarding implementation to be filed periodically before this Tribunal once in six months. The report of the committee and the status of implementation shall also be placed in the public 24 domain by uploading on the website of the Director of Medical Education and Health and Family Welfare Department of Government of Telangana".
Compliance:
As per the directions of Hon'ble Tribunal, the Director of Medical Education was asked to take up Health and Epidemiological study. DME constituted Expert Committee with doctors from OMC, Hyderabad and TSPCB has released an amount of Rs.10 lakhs to carry Health Study.
The Nodal Officer of the Expert Committee vide letter dated 08.11.2021 addressed to the Director of Medical Education, Telangana State submitted the add-on and improved version of the 1st report (Annexure-VIII). The Nodal Officer of Expert Committee stated as follows: -
i. In the first report, data was analyzed and compared in terms of case and control and for some parameters, percentages were calculated for proper comparison. This way of analysis was not sufficient to bring out the facts in the data related to morbidity and mortality.
ii. On further observation of data, the geographic area identified by Green Tribunal can be divided into 3 sub-groups, based upon the presence of industry and distance from the industry, to the human habitation:
a. Group A, (29 villages) where the human habitation was in the core of the industrial area and are exposed to the industrial pollution.
b. Group B, (13 villages) situated on the Musi River Bank, more of the garbage dump yards and graveyards are present in the area and the habitations are more of Urban Slums.
c. Group C, (6 villages) are in the peri-urban areas living by the side of the Musi River banks where agriculture and seed processing is the main occupation.
iii. This division of the study group and comparison with the control and each sub-group with control in terms of percentages followed by application of Statistical tests of significance 'p' value calculation for the parameters wherever appropriate has a more focused outcome related to the objectives of the study.
iv. The Analysis was done with Form-A till now and the changes made are incorporated in the present report along with its interpretation. Hence, there is slight change in the plan of analysis.
The Nodal Officer of the Expert committee further stated that the analysis is consuming lot of time in reorganizing the tables, & the write up and requested 3 months time to submit the final report.
Direction No. 10:
Establishment of Super Specialty Hospital:25
"In the light of our findings that no adequate health facilities are available in the area, we direct the Government of Telangana to establish a Government Super Speciality Hospital with adequate medical facilities to treat all sorts of occupational diseases for which the industrial establishments situated in the industrial hub shall contribute 75% of the total cost and the remaining amount to be contributed by the State Government. Such hospital shall be run under the supervision of the committee of Medical Experts and also involving Senior Government Officers connected with the Health Department".
Compliance:
Initially, it was decided to strengthen the Area Hospital to meet the medical needs of the local population. However, subsequently, Director of Medical Education (DME) has proposed a new 100 bedded Occupational Therapy Hospital (OCTH), in 3 acres at Rural Health Centre, adjacent to Area Hospital, Patancheru (Annexure-IX).
i. In the OCTH, the following facilities are proposed:
1. Biochemistry
2. Pathology
3. Microbiology
4. General Medicine
5. TBCD/Pulmonary/Respiratory Medicine
6. Dermatology
7. Radio Diagnosis
8. Pediatrics
9. Psychiatry
10. General Surgery
11. Orthopedics
12. Anesthesia
13. Obstetrics & Gynecology
14. Plastic Surgery
15. Neuro Surgery
16. Medical oncology ii. The Managing Director, TSMSIDC has submitted Proforma Estimates for the 100 bedded Occupational Therapy Block for Rs.30.00 Crores towards Civil Works and Equipment. The recurring expenditure is Rs.13.37 Crores per annum for HR (Salaries) and the recurring expenditure for 10 years will be Rs.133,78,04,260/-
The Board is pursuing with HM&FW Dept., Govt. of Telangana on establishment of Government Super Specialty Hospital with adequate medical facilities to treat all sorts of occupational diseases as per the directions of the Hon'ble NGT.
Direction Nos. 11 & 13:
"(11). There is no necessity to direct closure of the existing industrial units in Patancheru and Bollaram. However, unless and until restoration activities are completed the Regulatory Authority shall not consider any of the applications of the existing units for expansion. However, in the event of the Regulatory Authority deciding that expansion in respect of a particular unit is required in public interest, such proposal may be considered not only 26 strictly in accordance with the provisions of the Act and only after satisfying that the unit is showing ZLD but subject to further condition that the said unit shall be directed to deposit an amount equivalent to 1% of the annual turnover in the previous year and such amount shall be kept in a separate account in the name of "Patancheru-Bollaram Environment Relief Fund" and only after the deposit of the said amount, the claim for expansion may be considered", "(13) We direct creation of a Corpus Fund in the name of "Patancheru and Bollaram Environment Relief Fund" which shall consist of deposit of minimum 1% of the annual turnover in respect of the claim for expansion if it is considered by the Regulatory Authority and contribution of all the industrial units situated in Patancheru and Bollaram an amount of 0.5% of the annual turnover of the previous year and the contribution shall be continued till complete restoration of the entire affected area and after the Tribunal passes appropriate orders.
The said Corpus Fund shall be operated jointly by the Chief Secretary of the Government of Telangana and the Chairman of the Telangana State Pollution Control Board and the amount shall be utilised for restoration of environment in the entire affected area and as per the decision taken by the committee comprising of The Chief Secretary to Government of Telangana
1) The Secretary to Government Environment and Forest Department
2) The Secretary to Government, Irrigation and Water Resources Department
3) The Secretary to Government, Industries Department
4) The Secretary to Government, Panchayat Raj Department
5) One Environmental Scientist from, Osmania University, to be nominated by the Vice-Chancellor
6) One representative of a prominent NGO in Telangana involved in Environmental Awareness Programmes
7) One representative of BDMAI, preferably its President
8) The Chairman of the Telangana State Pollution Control Board who shall act as the Convener.
The contribution as stated above as 'Patancheru - Bollaram Environment Relief Fund' is independent of the payment directed against the units under 'polluter pays' principle or contribution of amount by the units for the establishment of Super Speciality Hospital".
Compliance:
a. Follow-up action taken by the Government and TSPCB:
In compliance with the directions of the Hon'ble NGT dated 24.10.2017, the Environment, Forest, Science & Technology Dept., Government of Telangana issued GO Ms No. 24, dated 24.04.2019, amending the Ban Notification on establishment / expansion of certain polluting industries in erstwhile Medak, Rangareddy, Mahabubnagar and Nalgonda Districts.27
As per the directions of the Hon'ble NGT, an account has been created in Andhra Bank, Secretariat Branch, Hyderabad in the name of "Patancheru and Bollaram Environment Relief Fund", to be operated jointly by the Chief Secretary, Govt of Telangana and Chairman, TSPCB. The same was informed by the Board to the EFS&T Dept., vide letter dated 02.04.2018.
In compliance with the directions of the Hon'ble NGT dated 24.10.2017, the Environment, Forest, Science & Technology Dept., Government of Telangana issued GO Ms No. 31, dated 24.05.2019, constituting a Committee for taking a decision to utilise the Corpus Fund named Patancheru - Bollaram Environment Relief Fund' for restoration of the Environment in the entire attached areas of Patancheru & Bollaram industrial areas. Further, the above GO was amended by the Govt of Telangana vide GO Ms No. 1, dated 28.01.2020.
Issue of Operational Guidelines for 'implementation of Hon'ble NGT Order for collection of Corpus Fund:
The Board issued Operational Guidelines (Annexure-X) as an internal communication for implementation of the Hon'ble NGT Judgment dated 24.10.2017, GO Ms No. 24 dated 24.04.2019 and GO Ms No. 31 dated 24.05.2019, for collection of Corpus Fund @ 1% from the industries seeking expansion and @ 0.5% from all the industries on the Annual Turnover. The Board identified 162 no. of presently operating industries which require to pay Corpus Fund of 0.5% w.e.f., 24.10.2017 (date of Judgment) and 1% in case these industries goes for expansion.
b. Representation given by Bulk Drug Manufacturers Association (BDMAI on collection of Corpus Fund:
The BDMA submitted representation dt.28.09.2019 stating that, the Hon'ble NGT Order dated 24.10.2017 allows for expansion of the industries having ZLD after depositing an amount of 1% of annual turnover in the previous year and also payment of 0.5% Corpus Fund by the industries. Their contention was the said order is applicable to the industries in the Patancheru - Bollaram Stretch only and not for other industries.
The BDMA requested the Board to temporarily suspend the collection of 0.5 Wo of annual turnover from the industry from the financial year 2016-17 till such time clarifications are obtained from Hon'ble NGT.
c. Cases filed by BDMA & Drug Industries (38 Nos) in December 2019 to February 2020:
The BDMA and some industries (38 Nos.) have filed petitions before the Hon'ble High Court against the Operational Guidelines issued by the Board on collection of Corpus Fund from the industries for implementation of the Hon'ble NGT Judgment dated 28 24.10.2017. Further, one industry i.e., M/s. SMS Life Sciences India Ltd., Khazipally (V), Jinnaram (M), Sangareddy District has also filed Writ Petition No. 1271 of 2020 before the Hon'ble High Court challenging applicability of the Hon'ble NGT Judgment dated 24.10.2017 in Application No. 90 of 2013 & batch concerned to the Petitioner industry.
Disposal of cases by the Hon`ble High Court in 32 cases:
The Hon'ble High Court disposed the Writ Petitions of individual industries (32 Nos.) in batches vide Orders dated 20.12.2019, 22.01.2020, 05.02.2020 & 12.02.2020.
The WPs filed by BDMA and 6 industries {M/s. Dr. Reddy's Laboratories, Unit-I, II & III (4 cases), M/s SMS Pharmaceuticals Ltd., and M/s. Aktinos Pharma (P) Ltd.,} are still pending before the Hon'ble High Court.
d. Follow-up action on the directions of Hon'ble High Court on the Writ Petitions filed by BDMA and Drug & Drug Intermediate industries:
The Board issued individual letters to the Applicable Industries (except the 5 industries, whose WPs are pending before the Hon'ble High Court) vide letters dated 17.02.2020 & 30.03.2020 for payment of 0.5% of Corpus Fund and 1% of Corpus Fund by the industries to whom CFE for expansion has already been issued to the industries subsequent to GO Ms No. 64 dated 25.07.2013 and prior to the NGT Order dated 24.10,2017, as the CFE orders for expansion were issued to these units with a stipulation that the orders are subject to the final outcome of the Hon'ble NGT Orders. Further, as per the Hon'ble NGT directions, CFE applications for expansion in the above said Ban areas are being processed and CFEs for expansion are being issued to the applicable industries after depositing of 1% amount to the Corpus Fund based on the previous year's Annual Turnover. An amount of Rs. 166 Crores (as on 30.09.2021) is collected from some of the industries in the Corpus Fund Account i.e., 0,5% and 1% for expansion.
e. Show Cause Notices issued by the Regional Office for payment of 0.5% and 1% Corpus Fund:
The Regional Office, Sangareddy issued Show Cause Notices dated 28.09.2020 to 56 nos. of industries for payment of 1% of Corpus Fund to whom CFE for expansion is issued prior to Hon'ble NGT Judgment and 0.5% of Corpus Fund which have not paid till date.
Some of the industries submitted reply to the Show Cause Notices stating that the TSPCB has no jurisdiction to make the demand without any sanction by the Government, as the amount payable as per the Orders of the NGT is yet to be quantified and their units are not in a position to make contribution to the Corpus Fund as demanded.
f. Writ Petitions filed by individual industries and BDMA in November / December 2020 and in 2021:
29It is to submit that BDMA and some of the industries have filed Writ Petitions (20 Nos.) before the Hon'ble High Court of Telangana challenging the Show Cause Notices issued by the Board; not to take punitive action against the Member units without considering representations filed for reviewing the guidelines for remittance of Corpus Fund and not to demand contribution from the petitioner units to the Corpus Fund and refrain from taking any coercive action, pending disposal of the writ petitions.
The Hon'ble High Court dismissed the following fifteen (15) Writ Petitions till date. The copies of the Hon'ble High Court Orders are enclosed as Annexure-
SI. WP No. Petitioners WP
No disposed on
1 19514/2020 BDMA along with 6 petitioner industries 19.02.2021
2 23139/2020 M/s. Aurobindo Pharma Ltd., Unit-5, Plot 19.02.2021
No.79 to 91, Phase-II, IDA
Pashamylaram, Patan,cheru Mandal,
Sangareddy District.
3 23154/2020 M/s. Aurobindo Pharma Ltd., Unit-I, 19.02.2021
Survey Nos. 3379, 385, 386, 388-396 &
269, Borpatla, Hatnoor (M), Sangareddy
District.
4 23296/2020 M/s. Aurobindo Pharma Ltd., Unit-6 19.02.2021
A&B, Survey No. 329/30 and 329/47,
Chitkul (V), Patancheru (M), Sangareddy
District.
5 23328/2020 M/s. Aurobindo Pharma Ltd., (Unit-9), 19.02.2021
Gundlamachanoor (V), Hatnoora (M),
Sangareddy District.
6 4118/2021 M/s. Chrome Laboratories India (P) Ltd, 26.03.2021
Pashamailaram, Sangareddy District.
7 4143/2021 M/s. Suven Pharmaceuticals ltd, 26.03.2021
Pashamailaram, Sangareddy District.
8 6105/2021 M/s. Pirmal Pharma Ltd, Digwal (V), 12.11.2021
Kohir (M), Sangareddy District.
9 19419/2020 M/s Biocon Ltd 02.12.2021
Phase-II, I D A Pashamylaram
Sangareddy District
10 19194/2020 M/s. Covalent Laboratories Pvt. Ltd., 07.12.2021
Gundlamachanoor (V) Hathnoor (M),
Sangareddy District
11 19425/2020 M/s Synthokem Labs Pvt Ltd, Unit-II, 07.12.2021
Phase II, IDA Pashamailaraam
Sangareddy District
12 19446/2020 M/s CIREX Pharmaceuticals Ltd Sy 07.12.2021
No 371, Gundlamachanoor (V)
Hathnoor(M), Sangareddy District
13 20276/2020 M/s Hetero Labs Limited 07.12.2021
Unit I, S No 10 Gaddapotharam (V)
Jinnaram (M) Sangareddy Dist
30
14 20385/2020 M/s Hetero Labs Limited 07.12.2021
Unit IV, S No 599, Temple Street
Bonthapalli(V) Gummadidala (M)
Sangareddy Dist
15 20307/2020 M/s. Hetero Labs Ltd., Unit-I, 07.12.2021
Sy.No.213, 215 & 253, Bonthapally (V),
Gummadidala (M), Sangareddy District.
The petitions of the following 5 cases are pending before the Hon'ble High Court.
Pending Writ Petitions (3 Nos.) filed by Drug and Drug Intermediate Units, challenging Show Cause Notice issued by RO Sangareddv dated 28.09.2020:
SI. WP No. Petitioner Prayer
No industry
1. 19674/2020 M/s Everest Stay all further proceedings pursuant to
Organics Ltd notice issued by R2 (TSPCB) dated
Aroor (V), 28.09.2020, pending disposal of WP.
Sadasivpet (M), Declaring the action of R2 in
Sangareddy Dist demanding contribution to the Corpus Fund by the Petitioner, despite the unit
2. 19684/2020 M/s Virupaksha is not in the Patancheru - Bollaram Organics Ltd, IDAs and brushing aside the orders of Unit II, Phase- High Court in earlier WPs filed by the 1, IDA Petitioner Industries and issuing Show Pashamailaram Cause Notice dated 28.09.2020 and Sangareddy threatening punitive action for the District alleged non-contribution as being arbitrary, illegal and violatives of
3. 19780/2020 M/s. Sri Article 14 and 19 (1) (g) of Chaitanya Constitution of India and per contra to Chlorides Pvt the Judgment of NGT, Chennai and Ltd, IDA direct Respondents not to insist upon Pashamylaram contribution to the Corpus Fund and Sangareddy Dist setaside the Show Cause Notice.
Pending Writ Petitions (2 Nos.) filed by Druq and Druq Intermediate Units:
SI. WP No. Petitioners Prayer
No
1. 19682/2020 M/s Honour Lab (i). Hon'ble Court may be pleased to
Limited direct the R2 (TSPCB) not to demand
Unit I, contribution from the petitioner to the
Sy. No.202 corpus fund and refrain from taking
Bonthapalli (V), any coercive action, pending disposal of
Gummadidala the WP.
(M) Sangareddy (ii). Declaring the action of R2
Dist Telangana in demanding contribution to the
Corpus Fund by the unit, despite it is not
31
2. 19690/2020 M/s Vivin Drugs in the Patancheru - Bollaram IDAs area
& and brushing aside the orders of High
Pharmaceuticels Court dated 20.12,2019 in WP No.
Ltd, S.No 10 24987/2019 & batch and demanding the
and 10D contribution to the Corpus Fund
Gaddapotharam pursuant to Notice dated 06.11.2019
(V) Jinnaram(M) and threatening punitive action for the
Sangareddy alleged non-contribution as being
Dist arbitrary, illegal and violatives of
Article 14 and 19 (1) (g) of
Constitution of India and per contra to
the Judgment of NGT, Chennai and
also subversive of the provisions of
Water & Air Act and Rules framed
there under and consequently direct
the Respondents not to insist upon
contribution to the Corpus Fund.
g. Payment of 10/0 Corpus Fund in case of multiple applications for Consent for Establishment (CFE) for expansion:
The Board received representation from Bulk Drug Manufacturers Association of India (BDMAI), Hyderabad and from certain Bulk Drug Industries regarding payment of Corpus Fund of 1% for CFE for expansion in case of multiple CFE expansion applications.
The Board after careful examination of the representation of BDMAI, Hyderabad and industries with regard to applicable industries seeking CFE for expansion for more than one time, issued circular dated 21.10.2021 (Annexure-XII) with the following decision:-
"To collect Corpus Fund of 1% on previous year financial annual turnover for the 1st expansion and in case of any further expansion, Corpus Fund of 1% on the difference in the previous and the present annual turnover".
Direction No. 12:
"All the existing units shall have their primary effluent treatment system inside the unit, whether they are members of CETP or not and the same has to be scrupulously enforced by the Regulatory Authority".
Compliance:
It is respectfully submitted that as per the directions of the Hon'ble Supreme Court in WP (C) No. 375 of 2012 with regard to ETPs, STPs & CETPs, the Board vide paper notification dated 24.03.2017 has directed all the water pollution potential units in the State to establish primary effluent treatment system. The WP (C) No. 375 of 2012 was taken up by the Hon'ble NGT, Principal Bench, New Delhi and renumbered as OA No. 593 of 2017. The Hon'ble NGT, New Delhi disposed the case vide Order dated 22.02.2021, issuing certain directions to the State Governments. The Board is filing monthly status reports on ETPs, STPs & CETPs to CPCB through online portal from August 2018 onwards. Further, the State Government is also filing the status of ETPs, STPs & CETPs before 32 the Hon'ble NGT, Principal Bench, New Delhi through Quarterly Reports in OA No. 606 of 2018.
Direction No. 14:
"At present there is no necessity for any direction against any of the units to pay any amount under `polluter pays' principle except leaving it to the authority to invoke the same in appropriate cases".
Compliance:
It is to submit that as per the directions of the Hon'ble NGT, the Board is invoking the "Polluter pays Principle" in cases warranted.
Direction No. 15:
"On the factual matrix of the case, there is no necessity for appointment of any permanent authority by the Central Government by invoking powers under Section 3 of the Environment (Protection) Act, 1986. However, it is open to the Central Government to appoint any such authority for supervising and implementing various directions given in the judgment since the directions are already existing directions from various authorities and are continuing process".
Compliance:
Direction No. 16:
"CSR of the units as governed under the Companies Act, 2013 are independent of various directions contained in this judgment including setting up of a Super Speciality Hospital, amounts to be contributed for restoration etc".
Compliance: ---
Direction No. 17:
"There are no further directions required for functioning of Jeedimetla Effluent Treatment Plant (JETL) and the same is discharged, except directing the Board to make continuous monitoring of the function of JETL and ensure that the directions given by the Hon'ble Supreme Court dated 10.11.1999 to JETL are scrupulously followed."
Compliance:
The Board is monitoring inlet & outlet parameters on monthly basis to verify the compliance of the inlet and outlet standards of JETL. Inlet of JETL: The monthly average analysis results of inlet of M/s. JETL, pertaining to the parameters of effluents for the period from April 2021 to September 2021 are meeting the inlet standards prescribed by the Board, except one parameter viz., Ammonical Nitrogen during the month of April 2021.
Outlet of JETL: The monthly average analysis results of outlet of M/s. JETL, pertaining to the parameters of effluents from April 2021 to September 2021 are meeting the standards prescribed by the Board.33
The monthly Analysis results of inlet and outlet of JETL from April 2021 to September 2021 are enclosed as Annexure- XIII.
The Board is taking necessary action for compliance of the directions issued by the Hon'ble NGT, Chennai vide Judgment dated 24-10-2017."
8. As observed in earlier order, compliance is far from satisfactory and report is incomplete. Further action is thus required in a mission mode and close monitoring is also required by a monitoring committee which we propose to set up. Monitoring by the Tribunal, post adjudication cannot be for indefinite period. Moreover, after the judgement dated 24.10.2017, the Tribunal has passed further orders which need to be noticed for consistency. As is clear from order dated 24.10.2017, status reports were to be filed with respect to directions 3 and 9 - remediation of water bodies/extraction of ground water and health facilities. Both aspects relate to heath which is certainly a matter of serious concern. The Tribunal has dealt with the issue of restoration of water bodies and wetlands inter alia vide orders dated 18.11.2020 in OA 325/2015, Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors. and dated 25.11.2021 in OA No. 351/2019, Raja Muzaffar Bhat vs. State of Jammu and Kashmir & Ors.
The Tribunal has also dealt with the issue of remediating polluting industrial clusters vide order dated 14.11.2019 in OA 1038/2018, News item published in "The Asian Age" Authored by Sanjay Kaw Titled "CPCB to rank industrial units on pollution levels" and for restoring polluted river stretches vide order dated 22.02.2021 in OA No. 673/2018, In re: News item published in "The Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted: CPCB. In this background, we propose to modify monitoring mechanism for future. We have noted that a sum of Rs. 166 crore has been collected and further collection is 34 continuing. However, restoration plan with mechanism for execution is required. Considering these aspects, we direct that henceforth monitoring will be by Committee headed by Secretary, Environment of the State with concerned District Magistrates, Member Secretary State PCB and CPCB as members. The Committee may meet atleast once a month. Deliberations may be steered by Chief Secretary at least once in three months.
Committee will be free to coopt other concerned Departments, as may be found necessary. Any stake holders can give their viewpoint to the Committee. Minutes of meetings be uploaded on website. The Committee may prepare action plan and oversee execution by identifying executing agencies for specific tasks through concerned DM or otherwise. This will be without prejudice to compliance of directions of this Tribunal in other matters to the extent applicable to the present matter. The Committee may work in tandem with compliance of the said orders. The Committee may review the progress in implementation of the action plan. The PCB may ensure compliance of norms by 224 industries in Patancheru - Bollaram, with reference to standards as standalone or of CETPs, as the case may be as well as enforcement of ZLD conditions to protect recipient water bodies like river Manjira, Kazipally, Isnapur, Gandigudem, Nakavagu and others.
The holistic action plan be implemented with accrued EC funds and placed in public domain. Items 1 to 13 stand disposed of accordingly.
Order on MA5/2021 - item 14
9. Coming now to item 14 i.e. MA 5/2021 filed by Asian Paints, we find that it is not open to the Tribunal to go behind the final order dated 24.10.2017, which has attained finality. Claim of the unit that it had installed ETP as per report in 1997 or upgraded the same, as noted by the Tribunal in para 90 does not mean that the Tribunal could not have or did 35 not intend to pass final order as has been passed, requiring all industrial units to contribute to the cost of restoration. As rightly pointed by the State PCB, damage had been contributed by the unit prior to such improvement for a long period. The unit is trying to seek review/ rehearing of a final order in the guise of seeking clarification, which is not permissible. It is not a case of accidental or unintended mistake which is to be corrected.
Thus, at post decisional stage, plea raised cannot be entertained. The M.A. is accordingly dismissed. Interim order granted earlier is vacated.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Sudhir Agarwal, JM Dr. Satyagopal Korlapati, EM Prof. A. Senthil Vel, EM April 20, 2022 Original Application No. 69/2013(SZ) & other connected matters A 36